How does constitutional law protect individual rights?

Constitutional law protects individual rights by establishing a "higher law" that limits government power and defines the fundamental freedoms that authorities must respect. In the United States, this protection is primarily rooted in the Constitution and its Bill of Rights, which explicitly guarantee liberties such as freedom of speech, religion, and the press, as well as protections for the criminally accused.123

Key mechanisms for protecting these rights include:

• Judicial Review: Courts act as guardians of the constitution, possessing the power to invalidate legislation or executive actions that conflict with constitutional provisions.41
• Due Process: The Fifth and Fourteenth Amendments ensure that no person is deprived of life, liberty, or property without fair legal proceedings.56
• Equal Protection: The Fourteenth Amendment mandates that the government cannot deny individuals equal protection under the law, a principle used to combat discrimination.57
• Unenumerated Rights: The Ninth Amendment protects residual rights not explicitly listed in the Constitution.83

While these rights are fundamental, they are not absolute and are often subject to interpretation by the judiciary to balance individual freedoms with public welfare.236